Ok, the Court has appointed a Guardian Ad Litem in your case. Now what?
A lot depends on why the guardian was appointed. Courts can appoint guardians on their own initiative, or in response to a request by either party. Some courts have an established practice of appointing a guardian if the judge believes that custody is going to be seriously contested.
Whatever the reason, the appointment of a guardian is a significant development in your case. A guardian is automatically treated as a party, and must get copies of everything, and has the right to appear at all proceedings in the case.
It is important to get off on the right foot with the guardian. Too many litigants view the guardian with suspicion or hostility, and treat them as an extension of the other side. That can be a serious mistake. Guardians are officers of the court, and deserve the same courtesy given to the judge.
Guardians are charged with investigating the facts of the case, and making a recommendation to the judge on the issues of custody. It is important that you make a favorable impression. You can't control how a guardian will think or act, but having a good rapport with the guardian will help avoid misunderstandings.
It is also important to remember that the guardian is not the judge, and cannot control the situation. Do not fall into the trap of assuming the guardian is biased merely because he or she cannot help get you what you want. The guardian cannot discipline either side, or make an angry or bitter person act better.
Keep communications open and effective with the guardian. Give him or her all the information you think is helpful to an understanding of your case. Be fair - don't just load up on all the negative information against your spouse. Guardians form impressions of parents' motives, and are not hesitant to tell the judge when the time comes.
But sometimes it happens that despite your best efforts, the guardian seems to be against you, and the outcome you are seeking. In our next installment we will review some methods for overcoming apparent bias.
